Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is, unless excluded or modified under section 4-2-316, an implied warranty that the goods shall be fit for such purpose.
Source: L. 65: p. 1311, § 1. C.R.S. 1963: § 155-2-315.
Prior Uniform Statutory Provision: Section 15(1), (4), (5), Uniform Sales Act.
Changes: Rewritten.
Purposes of Changes:
A contract may of course include both a warranty of merchantability and one of fitness for a particular purpose.
The provisions of this Article on the cumulation and conflict of express and implied warranties must be considered on the question of inconsistency between or among warranties. In such a case any question of fact as to which warranty was intended by the parties to apply must be resolved in favor of the warranty of fitness for particular purpose as against all other warranties except where the buyer has taken upon himself the responsibility of furnishing the technical specifications.
Cross References:
Point 2: Sections 4-2-314 and 4-2-317.
Point 3: Section 4-2-303.
Point 6: Section 4-2-316.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Goods". Section 4-2-105.
"Seller". Section 4-2-103.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General Obligations of Parties
§ 4-2-302. Unconscionable Contract or Clause
§ 4-2-303. Allocation or Division of Risks
§ 4-2-304. Price Payable in Money, Goods, Realty, or Otherwise
§ 4-2-306. Output, Requirements, and Exclusive Dealings
§ 4-2-307. Delivery in Single Lot or Several Lots
§ 4-2-308. Absence of Specified Place for Delivery
§ 4-2-309. Absence of Specific Time Provisions - Notice of Termination
§ 4-2-310. Open Time for Payment or Running of Credit - Authority to Ship Under Reservation
§ 4-2-311. Options and Cooperation Respecting Performance
§ 4-2-312. Warranty of Title and Against Infringement - Buyer's Obligation Against Infringement
§ 4-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§ 4-2-314. Implied Warranty - Merchantability - Usage of Trade
§ 4-2-315. Implied Warranty - Fitness for Particular Purpose
§ 4-2-316. Exclusion or Modification of Warranties
§ 4-2-317. Cumulation and Conflict of Warranties Express or Implied
§ 4-2-318. Third Party Beneficiaries of Warranties Express or Implied
§ 4-2-319. f.o.b. and f.a.s. Terms
§ 4-2-320. c.i.f. and C. & F. Terms
§ 4-2-323. Form of Bill of Lading Required in Overseas Shipment - "Overseas"
§ 4-2-324. "No Arrival, No Sale" Term
§ 4-2-325. "Letter of Credit" - "Confirmed Credit"
§ 4-2-326. Sale on Approval and Sale or Return - Rights of Creditors
§ 4-2-327. Special Incidents of Sale on Approval and Sale or Return